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HomeMy WebLinkAbout2782 - - ~ / 5122~~ ~ FIRST FEDERAL SAVlNGS AND lOAN ~ ASSOCIATION OF FQRT __PIERCE ~- ~ MORTGAGE MODIFICATION, RELEASE ^~ AND ASSUMPTION AGREEMENT ~G~• Loan No . 23058389 e Name : KENNETH L. WNELAN THIS AGREEMENT is made this 29th day of DECEMBER , 19 gQ, by and between FIRST FEDERAL SAVINGS AND LOAN ASSOCI~TION OF FORT PIERCE, hereinafter called the "Association", and K~~NETH L. WHELANa a single adult ' , hereinafter ca ied "OwnerCs)". W I~T N E S S E T H : - WHEREAS, the Association owns and holds the original pro- missory note and mortgage executed on August 6th , 1q79 , evidencing a principal indebtedness on said date of $ 40.000.00 . which.mortgage is recorded in Official Record Book 314 , page 1547 of the public records of ST. LUCIE County, Florida; and -----~ WHEREAS, said mortgage provides that the Association may ~ declare all of the sums secured by said mortgage to be immedi- ~~ ately due and payable if all or any part of the property or any ~~i interest therein is sold or transferred without Association's ~=~ written consent; and ~'. WHEREAS, title to said property is being trarisferred and ~ conveyed to the Owner(s) who wishes to obtain Association's con- =.: sent to said transfer and agreement that,the credit of the ~ Owner(s) is satisfactory to the Association and that the interest rate payable on the sums secured by said mortgage shall ~e at ~~ a rate requested by the Association; '~ NOW, THEREFORE, in consideration of the covenants and promises contained herein and for other good and valuable con- siderations, it is hereby agreed that the aforesaid documents _ ~ ` be modified as follows: 1. The undersigned Owner(s) hereby expressly assumes and agrees to pay the indebtedness represented by and due on the aforesaid promissory note and mortgage and any modifica- tion or correction thereof in accordance with the terms thereof and as modified herein. It is agreed that the unpaid principal balance of said indebtedness as of , 19 8~ is THIRTY NINE THOUSAND SEVEN HUNDRED FORTY NINE AND 1---------- =- ($ 39,749.52-------) and that the interest rate on said indebted- ness shall be 13.50 per cent per annum, beginning on t~cember 29th ~ 19 80 , and that commencing on FebruarV lOth , 1g 81 , the Ownert~s) shall pay said principal and interest in consecutive monthly installments of F~I1R NIIN(LFII STXTY FjyF AND 33/100- ----------------------($ 465.33---------- ) and a like sum on the lOth day of each month thereafter until the entire indebted- ness evidenced by the aforesaid note and mortgage, as modified herein, is fully paid; except that any remaining indebtedness, if not sooner paid, shall be due and payable on Mlarch lOth , ~ 2005 . 2. The undersigned Owner(s) hereby agrees that the afore- said indebtedness stated in Paragraph 1 above is due according to the terms and conditions of the aforesaid note and mortgage and any modification thereof without defense or offset and = further agrees to be liable for said indebtedness as fully and to the same extent as if the Owner(s) was.the original maker ' thereon. In addition, the Owner(s) agrees to personally per- form and to fully abide by all the terms and conditions set ~ forth in said note and mortgage and this agreement. 3. The Association recognizes the Owner(s) as thz new Obligor(s) on the subject loan, approves the credit of same and ~o~x ~~~ PaGE ~ I 8i , ~ „r- ,~~j ~ ~ --, , . _